Birmingham building owner fined £50,000 in landmark fire safety prosecution

On 16 October, Freehold Managers (Nominees) Limited – the company responsible for Centenary Plaza on Holliday Street, the 19-storey apartment building which is in the heart of Birmingham city centre – pleaded guilty to failing to comply with an Improvement Notice.

The prosecution is significant given that it’s only the second such prosecution by a local authority using powers provided under the Housing Act 2004 (and, as stated, the first in the West Midlands).

Birmingham City Council pursued legal action using these powers after Freehold Managers (Nominees) Limited, which is based at 250 Bishopsgate in London, failed to undertake the necessary improvement works required to make the building safe, as detailed in the Improvement Notice issued on 5 September 2023.

The Improvement Notice mandated improvements, including the repair of fire doors, improvements to emergency lighting and the provision of suitable means of escape from the building in the event of a fire.

During sentencing at Birmingham Magistrates’ Court, a fine of £50,000 was imposed on the business, taking into account its early guilty plea, the company’s financial position and Birmingham City Council’s legal costs.

Specialist officers

Subsequent to the Grenfell Tower fire, Birmingham City Council formed a team of specialist officers – funded by a Government grant – to address fire safety in high-rise buildings. This is the first such prosecution from the team and only the second in the country.

Councillor Nicky Brennan, Cabinet Member for Housing and Homelessness, said: “We have zero tolerance for owners of buildings who are delaying essential life-saving fire safety work. Delaying urgent safety measures is unacceptable. Lives are at risk. Where needed, we will use our full powers to protect residents.”

Brennan added: “This decision represents a milestone in our drive to raise standards and hold building owners to account in Birmingham. It will also help in setting an example for other authorities across the country in safeguarding their residents' interests using the powers available under housing legislation.”

In conclusion, Brennan observed: “This prosecution sends a clear warning to all building owners operating in Birmingham that they must act swiftly in the interest of our residents’ safety first and always. If they don’t, we will take decisive action against them.”